The purpose of this article is to preserve the health, safety
and general welfare of the citizens of the city, motorists, and pedestrians
by the regulation of parking and storing motor vehicles, recreational
vehicles and utility trailers and to preserve the health, safety and
general welfare of persons and property in the city, by regulating
parking of motor vehicles, recreational vehicles and utility trailers
which impede crime prevention in the city, which detract from the
appearance and character of the city, and which frequently are impediments
to the ingress and egress of emergency and fire protection vehicles
and equipment.
(Ordinance 682-2017 adopted 6/15/17)
When used in this article, the following terms and words shall
have the meaning respectively ascribed to them in this section, unless
the context clearly indicates otherwise.
Any city police officer or city employee designated by the
chief of police or the city manager to enforce the provisions of this
article.
Whatever parking surface existed at the time of passage of
the ordinance adopting the parking regulations of this article in
the year 2017 and which surface is approved by the city in writing.
The term “approved surface” also includes a paved surface.
Any area of the city that is not a residential area as defined
in this chapter, including but not limited to the C-1, C-2, and I
zoning districts, any commercial planned development, and any nonresidential
property existing as a legal, nonconforming use.
Any motor vehicle including, but not limited to: trucks,
van, road tractors, street or suburban buses, or semi-tractors; but
this term does not include motorcycles, passenger cars or trucks with
a registered or rated net carrying capacity of 1-1/2 tons or less,
designed or used primarily for the transportation of property and/or
people.
Any self-propelled or towable device that is used for profit
which carries personal property or moves dirt, sand or gravel or compacts
dirt, sand or gravel, and shall include semi-trailers and trailers
of any shape or design but shall not include recreational vehicles
and trailers which are primarily used for recreational purposes, and
non-commercial utility trailers.
The placard issued by the state under section 681.002 of
the Texas Transportation Code, as amended.
A person who has a permanent or temporary disability within
the meaning of section 681.001 of the Texas Transportation Code, as
amended, and who has applied for and received:
The specially designed license plate of a vehicle, issued
by the state to a permanently disabled person under section 504.201
of the Texas Transportation Code, as amended.
The specially designed license plate of a vehicle, issued
the state to a disabled veteran under section 504.202 of the Texas
Transportation Code, as amended.
The meaning assigned in section 681.001 of the Texas Transportation
Code, as amended.
A self-propelled vehicle authorized and/or licenses to be driven on a public street or highway, and is not an abandoned or junk vehicle as defined in chapter 8, article 8.05 of this code, as amended. Unless the term “commercial motor vehicle” is used in this article, the term “motor vehicle” includes “commercial motor vehicle.”
A vehicle which is built on a single chassis, four hundred
(400) square feet or less when measured at the largest horizontal
projections, self-propelled or towable, and designed primarily not
for use as a permanent dwelling unit, but as temporary living quarters
for recreational, camping, travel, or seasonal use. The term “recreational
vehicle” includes but is not limited to pick-up truck campers,
boats, boat trailers, and similar vehicles. The term “recreational
vehicle” includes travel trailers of any kind that are used
as a dwelling intended for short-term occupancy, travel, and/or recreation,
including but not limited to travel trailers towed behind a motor
vehicle, fifth-wheels, toy haulers, pop-up campers, pop-up coaches,
and tent trailers.
Any area of the city zoned or used for residential purposes,
including but not limited to A, R-1L, R-1, R-2, R-3, R-4, and MH districts,
any residential planned development, and any residential property
existing as a legal, nonconforming use.
Any public or private roadway, fire lane, accessway or alley.
A disabled parking placard, disabled person license plate,
and disabled veteran license plate.
A street that is not concrete with curb and gutter.
A structure having no foundation other than a chassis with
wheels and is designed to be used for carrying or transporting any
kind of personal property, and is towed behind a motor vehicle. The
term “utility trailer” does not mean “commercial
equipment” as defined in this article.
(Ordinance 682-2017 adopted 6/15/17)
A person commits an offense, if as the operator of a motor vehicle,
he parks, stops, or stands the motor vehicle in violation of an official
sign, curb marking, or street marking prohibiting, regulating, or
restricting the parking, stopping or standing of a motor vehicle.
(Ordinance 682-2017 adopted 6/15/17)
(a)
A person commits an offense if the person parks, stands, or stops
a motor vehicle or recreational vehicle and leaves it unattended on
any public or private property in the city without:
(b)
It is an exception, and the above requirements do not apply, if an
unattended motor vehicle or recreational vehicle is parked in a private,
single-family, residential driveway in accordance with this article,
or if an unattended motor vehicle or recreational vehicle in any off-street
location is rendered undriveable by an antitheft device with no key
in the ignition.
(c)
Presumed left by owner:
(1)
When a motor vehicle or recreational vehicle is found unattended
or unoccupied upon a street, highway, alley, or other place in violation
of any provision of this article, in a prosecution for an offense
under this article it shall be presumed that the owner of the motor
vehicle or recreational vehicle unlawfully parked, stopped or stood
said motor vehicle or recreational vehicle.
(2)
Proof of ownership of a motor vehicle or recreational vehicle may
be made by a computer-generated record of the registration of said
vehicle with the state showing the name of the person to whom state
license plates were issued. This proof is prima facie evidence of
the ownership of the motor vehicle or recreational vehicle by the
person to whom the certificate of registration was issued.
(Ordinance 682-2017 adopted 6/15/17)
When an authorized parking enforcement agent finds a motor vehicle
or recreational vehicle standing upon a street or highway in violation
of a provision of this article, the authorized parking enforcement
agent is authorized to move said vehicle, or to require the driver
or other person in charge of said vehicle to move the motor vehicle
or recreational vehicle to a location off the paved or main part of
the street or highway.
(Ordinance 682-2017 adopted 6/15/17)
(a)
A person commits an offense if the person leaves parked, stopped,
or standing a motor vehicle, recreational vehicle or utility trailer
at a location where official signs, curb markings, or street markings
prohibit such standing or parking in a residential area.
(b)
A person commits an offense if the person leaves parked, standing
or stopped a motor vehicle, recreational vehicle or utility trailer
for a time period longer than permitted by official sign, curb marking,
or street marking, or as otherwise prohibited by this article in a
residential area.
(c)
A person commits an offense if the person leaves parked, standing
or stopped a motor vehicle or utility trailer in the front yard or
side yard of a residential property, except on an approved surface.
This subsection does not apply in a residential area that does not
have sidewalks or pedestrian walkways and is an unimproved street,
in which case parking, standing or stopping a motor vehicle in the
front yard of a residential property is allowed on an unimproved surface
if the motor vehicle is located no more than eighteen inches (18")
from the edge of the street pavement, and is parallel to the street.
(d)
A person commits an offense if the person leaves parked, standing, or stopped a recreational vehicle in the front yard of a residential property, except for loading and unloading purposes only and for no longer than seventy-two (72) hours. It is an express exception to this subsection that boats and boat trailers may park, stand or stop in the front yard of a residential property in compliance with subsection (c), above.
(e)
A person commits an offense if the person leaves parked, standing
or stopped a motor vehicle, recreational vehicle or utility trailer
that extends over any pedestrian walkway or sidewalk or extends further
than eighteen inches (18") from the back of the street curb in a residential
area.
(f)
A person commits an offense if the person leaves parked, standing,
or stopped a recreational vehicle on a residential property for use
as a residence or living quarters, except that use of a recreational
vehicle as a guest’s or visitor’s quarters for no longer
than ten (10) consecutive days, and not more than twice in a twelve
(12) month period, is allowed.
(g)
A person commits an offense if the person leaves parked, standing
or stopped a recreational vehicle or utility trailer on a city right-of-way
adjacent to unimproved streets in a residential area. Parallel parking
of a motor vehicle on city right-of-way adjacent to unimproved streets
in a residential area is permitted in a single row only, unless designated
as a no-parking zone or is prohibited by an official sign, curb marking,
or street marking prohibiting, regulating, or restricting the parking,
stopping or standing of a motor vehicle.
(Ordinance 682-2017 adopted 6/15/17)
(a)
A person commits an offense if the person leaves parked, stopped,
or standing a motor vehicle, recreational vehicle or utility trailer
at a location where official signs, curb markings, or street markings
prohibit such standing or parking in a commercial area.
(b)
A person commits an offense if the person leaves parked, standing
or stopped a motor vehicle, recreational vehicle or utility trailer
for a time period longer than permitted by official sign, curb marking,
or street marking, or as otherwise prohibited by this article in a
commercial area.
(c)
A person commits an offense if the person leaves parked, standing
or stopped a motor vehicle, recreational vehicle or utility trailer
on a commercial property, except on an improved surface.
(d)
A person commits an offense if the person leaves parked, standing,
or stopped a recreational vehicle on a commercial property for use
as a residence or living quarters.
(Ordinance 682-2017 adopted 6/15/17)
(a)
Parking on public property.
Except as provided in subsection (c) of this section, no person shall park or store any commercial vehicle or commercial equipment upon any public property located in any zoning district in the city, including but not limited to public streets, alleys, rights-of-way, sidewalks, parkways, or other public property, except in designated parking spaces on such public streets or rights-of-way.
(b)
Parking on private property.
(1)
In a residential area.
Except as provided in subsection (c) of this section, no person shall park or store any commercial motor vehicle or commercial equipment on private property in a residential area other than in an enclosed building, constructed in compliance with all other codes and ordinances in the city.
(2)
In a commercial area.
The parking of commercial vehicles
and/or commercial equipment on private property in a commercial area
is prohibited, unless parked in accordance with a conditional use
permit issued by the city in accordance with the city’s zoning
ordinance.
(c)
Temporary parking.
The parking of commercial motor vehicles,
and/or commercial equipment within a residential area shall be limited
to the use of such vehicles or equipment in the performance of a delivery
or service to the subject property for the period of time necessary
to complete such delivery or service and shall be limited to temporarily
leaving the commercial vehicle or commercial equipment in the event
the same become disabled in the performance of delivery or service,
to adjacent property in such a manner and to such an extent that it
is impossible to move such vehicle or equipment until property repair
and/or towing assistance can be obtained by the owner or operator
of such vehicle or equipment.
(Ordinance 682-2017 adopted 6/15/17)
(a)
Citation; towing.
Any authorized parking enforcement agent is hereby authorized to issue parking citations for any motor vehicle, recreational vehicle, utility trailer, commercial motor vehicle or commercial equipment violating any portion of this article. Except as provided in section 12.03.010, below, upon conviction under this article, the person found to be in violation shall be fined as provided for in the general penalty provisions found in section 1.01.009 of this code, and further, may have the motor vehicle, recreational vehicle, utility trailer, commercial vehicle or commercial equipment removed by towing at the expense of the owner of said vehicle, and if towed, may be impounded and detained until all towing and storage charges are paid.
(b)
Injunctive relief.
Any violation of this article can
be enjoined by a suit filed in the name of the city in a court of
competent jurisdiction, and this remedy shall be in addition to any
penal provision in this article.
(Ordinance 682-2017 adopted 6/15/17)
(a)
Authority to designate handicapped parking spaces and signage requirements.
(1)
The building official of the city is hereby authorized to designate
specific parking stalls, spaces or areas upon public property as disabled
parking spaces. Upon the request of the owner or operator of any existing
off-street parking facility, the building official of the city is
authorized to approve stalls, spaces or parking areas in an off-street
parking facility as handicapped parking spaces. The building official,
in the approval process for off-street parking facilities, is authorized
to designate stalls, spaces or parking areas in an off-street parking
facility as disabled parking spaces.
(2)
Disabled parking spaces are for the exclusive use of motor vehicles
which display a distinguishing license plate, specially designated
symbols, tags or other devices issued pursuant to Texas Transportation
Code, sections 681.001–681.008, to disabled persons and veterans.
Such stalls or spaces shall be designated by posting, at the business’
expense, of signs which comply with the requirements of chapter 681
of the Transportation Code. The dimensions of all parking spaces so
designated shall comply with state department of licensing and regulation
guidelines and the zoning ordinance provisions of this code.
(b)
Use of spaces by unauthorized vehicles; towing.
A motor
vehicle not displaying the proper state-issued disability designation
may, at the discretion of any authorized parking enforcement agent,
be towed, or otherwise removed, from a properly designated handicapped
parking space at the expense of the owner of said motor vehicle and,
if towed, may be impounded and detained until all towing and storing
charges are paid.
(c)
Use of designated disabled parking spaces by unauthorized vehicles
is unlawful; parking citations.
(1)
Generally.
A motor vehicle not displaying the proper
state-issued disability designation which is stopped, standing, parked
or left in any parking space properly designated for the exclusive
use of persons with disabilities within the city may, at the discretion
of any authorized parking enforcement agent, be issued a parking citation.
(2)
Penalty.
A person commits an offense if the person violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this section, and upon
conviction, shall be fined as follows:
(A)
Except as provided by subsection (B)–(E), below, an offense
under this section is a misdemeanor punishable by a fine of not less
than $500.00 or more than $750.00.
(C)
If it is shown on the trial of an offense under this section that
the person has been previously convicted two (2) times of an offense
under this section, the offense is punishable by:
(Ordinance 682-2017 adopted 6/15/17)
Whenever necessary to make an inspection to enforce any of the
provisions of this article or whenever the authorized parking enforcement
agent has reasonable cause to believe that there exists upon any premises
any condition or violation of this article, the authorized parking
enforcement agent may enter such property or premises at all reasonable
times to inspect the same or to perform any duty imposed upon the
authorized parking enforcement agent by this article. If such property
or premises is occupied, the authorized parking enforcement agent
shall first present proper credentials and request entry, and if such
property or premises is unoccupied, he shall first make a reasonable
effort to locate the owner or other persons having charge or control
of the property or premises and request entry. If such entry is refused,
the city manager shall have recourse to every remedy provided by law
to secure entry.
(Ordinance 682-2017 adopted 6/15/17)
